4.3. SR 09-26-1994 - Laserfiche WebLink

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(b) The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that: . . 4) . 1) Any proposed transferee shall have the qualifications and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by Contractor; and 2) The transfer does not create an anti- trust situation in the local refuse hauling industry that is contrary to the public interest of the residents of Elk River; and 3) Any proposed transferee, by instrument in writing satisfactory to the City for itself and their successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of service under this Agreement and agreed to be subject to all the conditions and restrictions to which service is subject. It is the intent of this Section IV.E.8., together with other provisions of this Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership or any part thereof, or any interest therein, however consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement; and There shall be submitted to the City for review all instruments and other legal documents involved in effecting such transfer, and if approved by the City, its approval shall be indicated to the Contractor in writing. The proposed transferee shall submit to the City for review all bonds, insurance policies, and any and all other 15.